( 1 ) THIS is an application under Order 37 Rule 4 Order 37 Rule 3 (7), Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure (for short the Code ) for setting aside the judgment and decree dated 2nd August, 1982.

( 2 ) PUNJAB and Sind Bank plaintiff/non-applicant on the basis of a prortote for Rs. 55,000. 00 dated 7th February, alleged to have been executed by the defendants, filed on 1st February, 1982 a suit for recovery of Rs 1,33,760. 41 under Order 37 of the Code. Summons in the prescribed form under Order 37 of the Code was issued for 23rd March, 1982. The defendants were not served. Fresh summons were ordered to be issued for 5th May, 1982. The Court in its order dated 18th May, 1982 did not treat the service for 5th May, 1982 as valid. Fresh summons were issued to the defendants for 12th July, 1982 with the direction that, "if the defendants cannot be served personally or they refuse to accept service, service be got effected by way of affixation". It was reported that the defendants were served for 12th July, 1982 by affixation. No application for leave to defend was filed. On 2nd August, 1982 the suit was decreed under Order 37 of the Code.

( 3 ) THE defendants in this application allege that they were not served at all, that the summons were never tendered to them by the process-server, that the address of the defendant No. 2 given in the plaint was wrong as he has not been residing at that address, that he has been living in House No222- MIG Flats, Rajouri Garden Extension, New Delhi, that defendant No. 1 suffered heart attack about six months back and he was advised complete rest by the Doctor, that the defendants came to know of the ex-parte decree on 25th October, 1982 and after getting the Court file inspected, filed the present application on 2nd November, 1982. The allegations of the defendants are deniedon behalf of the plaintiff.

( 4 ) THE short question is : whether the defendants were duly served for 12th July, 1982 ? Chapter XXI of the Original Side Rules, 1967 of this Court prescribe the procedure for service upon the defendants. Rule 1 requires personal service. Rule 10 provides the procedure where defendant refuses to accept service or cannot be found. It provides that if the serving officer after due and reasonable diligence does not find the defendant and there is no agent empowered to accept service on behalf of the defendant, the serving officer has an authority to affix the copy of the summons on the outer door of the house where the defendant originally resides or carried on. business. The process-server is to return the summon with his report and the efforts made by him to serve the defendant. Rule 12 of Chapter XXI further provides that the serving officer shall make an affidavit stating the number of times and dates when he went to the house of defendant, the attempts made by him to find the defendant and whether any adult male member of the family to be served was residing with him. Rule 13 provides affixation of the summons on the outer door. This rule further provides that a notice is also to be affixed notifying the defendant that he can obtain upon an application a copy of the plaint. The process-server is also required to report about the notice required to be affixed by Rule 13. Rule 14 of this Chapter further provides the procedure for determining the sufficiency of service. Such an enquiry is to be made by the Registrar. This rule prohibits the placing of the matter before the Court unless the Registrar is satisfied that the defendant has been duly served. Chapter XV of the Original Side Rules and Order 37 of the Code prescribes the procedure to be followed in Summary Suits. Rule 8 of Chapter XV provides that under special circumstances the decree may be set aside. Rule 12 of Chapter XV further provides that the provisions of Order 37 of the Code as far as they are not inconsistent with the provisions contained in Chapter XV of the said Rules shall b